Intro Material

Question 1

What is a rendering jurisdiction vs. a recognizing jurisdiction?

Answer 1

• Rendering Jurisdiction — Jurisdiction where judgment was originally entered
• Recognizing Jurisdiction — Jurisdiction where recognition is being sought

Question 2

When is the connection between the Full Faith and Credit Clause and Sister State Judgments?

Answer 2

When rendering court is a sister state court, the source of the obligation to recognize the judgment is the Full Faith and Credit Clause.

Question 3

What are the three main requirements for the Full Faith and Credit Clause to be satisfied?

Answer 3

1. Rendering state must have had jurisdiction over the parties and over the subject matter.
2. The judgment entered by the rendering state must have been on the merits.
3. The judgment entered by the rendering court must be a final judgment.

Judgements Not on the Merits

• Lack of jurisdiction (either personal or subject matter)
• Misjoinder
• Improper venue
• Failure to state a claim (sometimes)

Question 4

What are the main defenses to Full Faith and Credit?

Answer 4

• Penal Judgments: A penal judgment is not entitled to full faith and credit. A penal judgment is one that punishes an offense against the public.
• Extrinsic Fraud: A judgment obtained by extrinsic fraud is not entitled to full faith and credit. Extrinsic fraud is fraud that could not be corrected during the regular course of proceedings leading to the judgment.

Invalid Defenses — Public Policy and Mistake

Question 5

What are the two main restrictions on Choice of Law?

Answer 5

• Constitutional: The Constitution imposes a limit only if a state’s law is chosen that has no significant contact with and/or legitimate interest in the litigation.
• Statutory: If the forum state has a statute that directs a choice of law, then the forum court should apply that statute instead of the usual choice of law approach.

Question 6

When does general Choice of Law rules NOT apply (exceptions)?

Answer 6

Diversity Cases Filed in Federal Court: A federal court sitting in diversity applies the choice of law approach of the state in which it sits.

Transferred Diversity Cases

• When a diversity case is filed in a proper venue, and the case is transferred within the federal system, the federal court applies the choice of law approach of the original (transferor) court.
• When the case is filed in an improper venue, OR filed in a venue in defiance of a forum selection clause, the law of the transferee court (that is, the court to which the case is transferred) will apply.